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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> lo999 5 <br /> <br /> <br /> addition to the right of termination, the non-breaching party shall be entitled to exercise all rights possessed <br /> <br /> at law or in equity, and shall be entitled to perform on behalf of the breaching party in such a manner as to <br /> cure such breach, and if such curative action is taken by Lessee, to offset the costs of such a cure against <br /> rental fees payable hereunder. <br /> <br /> 11 Assignment and Subletting <br /> <br /> Lessee may not sublet the space at the Site leased to Les"e pursuant to this Lease without Lessor's <br /> consent. which consent shall not be unwsonably withheld. However, the making of any such sublease <br /> shall not release Lessee fiom any of Lessee's obligations hereunder. In the event of such subRase. Lessee <br /> shall remit to Lessor fifty percent (50%) of any rentals received by Lessee from sub-lessee. <br /> <br /> Except to the extent that assignment of Lessee's rights and obligation under this Lease is permitted. as <br /> provided by this serf±o^_ and Exhibit E attached hereto, Lessee shall not assign this Lease without the prior <br /> written consent of Lessor, which consent shall not be unreasonably withheld. <br /> <br /> Lessee may assign its rights and obligations under this Lease to any lender to Lessee, as collateral for a <br /> loan, or to any FCC authorized assignee of Lessee's PCS license for the area, provided that the assigntA <br /> agrees to the terms and conditions of this Lease. Neither a change of control of either party. nor the + <br /> merger, consolidation or other combination of either patty with another entity shall constitute an. <br /> assignment hereunder. <br /> <br /> 14. Notices <br /> <br /> <br /> All notices, demands or other writings in this Lease provided to be given or made or sent, or which may be <br /> given or made or sent, by either party hereto to the other, shall be deemed to have been filly given or made <br /> or sent when made in writing and deprisited in the United States mail, certified and postage prepaid, and <br /> addressed as follows: <br /> <br /> TO LESSOR: O'Hara Plumbing Company, Inc. <br /> 3320 Old Highway 30 West <br /> Grand Island, NE 68803 <br /> <br /> <br /> TO LESSEE: Wireless 11, L.L.C. <br /> P.O. Box 1226 <br /> Grand Island, NE 68802-1226 <br /> <br /> The address to which anv notice, demand, or other writing may be given or made or sent to any party as <br /> above may be changed by written notice given by such party as above provided. <br /> <br /> 15. Parties Bound <br /> <br /> This Lease shall be binding upon, apply,to and benefit the hears, successors, executors, administrators and <br /> assigns of the parties hereto. <br /> <br /> 16. Non-Waiver <br /> <br /> No course of dealing, course of performance or failure of either party strictly to enforce any term, right or <br /> condition of this Lease shall be construed as a waiver of any term, right or condition. <br />